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Greater Reforms for Promoting Work-Life Balance
Lee & Ko, November 2019

 On 1 October 2019 significant changes to the Gender Equality Employment and Work-Life Balance Support Act came into force, including to employees' rights to paternity leave and reduced working hours for child and family care...

New Decision from the Court of Appeal Regarding the Possibility to Deprive Employees of their Duties within the Period of Notice
Simonsen Vogt Wiig AS, October 2019

In LG-2018-161055 the Court of appeal, in a case regarding preliminary action, gave an elaborated assessment regarding under what conditions an employer can deprive an employee of his or her duties in the notice period.   Introduction An employer only exceptionally has the right to deprive a dismissed employee of his or her duties within the period of notice. For this to be possible, there must be "particularly compelling reasons"...

Cincinnati Is Latest City to Outlaw Hair Discrimination
Dinsmore & Shohl LLP, October 2019

Cincinnati, Ohio has joined a small but growing list of states and municipalities that ban discrimination on the basis of natural hair styles. On Oct. 9, 2019, the Cincinnati City Council voted 7-1 to add a hair-bias ban to the city’s existing non-discrimination law...

Employment: Trends & Developments
Heuking Kühn Lüer Wojtek, October 2019

The labour and employment sector has once again seen many changes – both in terms of the initiatives of the legislator as well as changes in the way the sector works. One important change has been the implementation of the Law on Protection of Business Secrets (Gesetz zum Schutz von Geschäftsgeheimnissen – GeschGehG). The economic relevance of business secrets is very high...

Employment: Law & Practice
Heuking Kühn Lüer Wojtek, October 2019

1. TERMS OF EMPLOYMENT 1.1 STATUS OF EMPLOYEE In Germany, an employee (Arbeitnehmer) enjoys a special status that is described as the personal obligation to perform work upon the employer’s instructions, without entrepreneurial risks and in a situation of economic dependence (to a certain degree) on the employer...

IRS Form 1099-K Payment Reporting Under California AB 5
Hanson Bridgett LLP, October 2019

On September 18, 2019, California Governor Gavin Newsom approved Assembly Bill 5 (AB 5) to limit the classification of workers as independent contractors in the state. The new law, effective January 1, 2020, will increase payroll tax responsibilities for California companies that must reclassify workers as employees...

Employers are Not Obligated to Notify Employees of Expiring Vacation Entitlements during Long-Term Illnesses
Heuking Kühn Lüer Wojtek, September 2019

In its July 24, 2019 judgment (Case: 5 Sa 676/19), Hamm State Labor Court issued a ruling as to whether employers are obligated to also notify employees who are out of work due to long-term illnesses that their vacation entitlement will expire by December 31 of the calendar year or by March 31 of the subsequent year if those employees fail to take their vacation days. The court denied this on convincing grounds. The final verdict, however, will come from the Federal Labor Court...

The Works Council’s Right to Inspect Payroll with Gross Salaries Broken Down by Employee Names
Heuking Kühn Lüer Wojtek, September 2019

The works council may demand access to the employees’ payroll. Considerations under data protection law do not require anonymization or pseudonymization. Federal Labor Court, May 7, 2019 – 1 ABR 53/17   FACTS OF THE CASE A company granted the works council access to its electronic employee salary file – the payroll showing gross salaries, while stripping employees’ names from the list, thus in anonymized (more correctly: pseudonymized) form...

No General Prohibition of Deterioration for Retirement Benefits in Cases of Transfer of Businesses
Heuking Kühn Lüer Wojtek, September 2019

Federal Labor Court, June 12, 2019 - 1 AZR 154/17.  There is no general prohibition of deterioration that applies to retirement benefits in the case of one or several transfers of businesses pursuant to Section 613a German Civil Code. This has now been confirmed by the Federal Labor Court in a recent decision...

No Granting of Half Days of Leave
Heuking Kühn Lüer Wojtek, September 2019

Half days of leave granted by the employer may be claimed again by the employee due to inadmissible fulfillment of the vacation entitlement. Baden-Württemberg State Labor Court, March 6, 2019, 4 Sa 73/18 Employees may not demand half days of leave from employers as part of their statutory minimum leave. If employers nevertheless grant half days of leave, this does not comply with their obligation to grant proper leave, at least as far as the minimum leave is concerned...

Warning Under Industrial Constitution Law – No Entry in the Personnel File
Heuking Kühn Lüer Wojtek, September 2019

Stuttgart Labor Court, April 30, 2019 – 4 BV 251/18 Warnings by which employers are reprimanding the exercise of office by works council members and threatening sanctions in accordance with Section 23 Works Constitution Act (warnings under works constitution law) may not be entered in the personnel files of works council members irrespective of their lawfulness...

Effects of a No-Deal Brexit for UK Employees in Germany
Heuking Kühn Lüer Wojtek, September 2019

After Brexit has already been postponed several times, the next deadline will now expire on October 31, 2019. With the new Prime Minister at the helm, it is becoming more likely every day that the UK will leave the EU without a withdrawal agreement entering into force. Obviously, UK citizens who live and work in Germany are particularly affected. The same also applies to employers in Germany employing UK citizens...

Do Temporary Agency Workers have the Same Right to Bonus Payments as Permanent Employees?
Simonsen Vogt Wiig AS, September 2019

A recent court ruling from Gulating lagmannsrett (Court of Appeal) states that bonus payments are not covered by the principle of equal treatment for temporary agency workers, cf. LG-2018-162656. The ruling has been appealed, and the result of the appeal to the Supreme Court will be of great importance to many companies and employees of temporary work agencies...

Breaking: US DOL Final OT Rule Raises the FLSA Exemption Thresholds, Effective Jan. 1, 2020
Dinsmore & Shohl LLP, September 2019

On Tuesday, Sept. 24, the U.S. Department of Labor (DOL) released the long-anticipated final rule for overtime exemptions, which alters the salary thresholds for several of the Fair Labor Standards Act (FLSA) exemptions. Under the final rule, the salary threshold levels for the white-collar exemptions and the highly compensated employee exemption were increased, making it more difficult for an employee to be classified as exempt under the FLSA. As a result, an estimated additional 1...

MSHA Civil Penalties, Respirable Silica Quartz, and OSHA Drone Use
Dinsmore & Shohl LLP, September 2019

An Update in the World of Workplace Safety MSHA Civil Penalties On August 16, 2019, the United States Department of Labor Office of Inspector General (“OIG”) issued a report on MSHA’s civil monetary penalties (“CMP”) program...

MV Transportation Inc. – NLRB rules on employer unilateral action
Dinsmore & Shohl LLP, September 2019

On Sept. 10, 2019, the National Labor Relations Board (NLRB) issued the MV Transportation decision and adopted the contract coverage standard in evaluating whether an employer’s unilateral action concerning terms and conditions of employment violates the National Labor Relations Act (NLRA) duty to bargain...

An Ounce of Prevention with Working from Home ADA Accommodations
Dinsmore & Shohl LLP, September 2019

As seen on BankDirector.com: Even with a lack of legal clarity, banks can take steps to prepare for work-from-home accommodation requests from employees with disabilities. Technology now allows banks’ employees to be connected with coworkers and customers nearly anywhere in the world via email, chat, calls or video conferencing. Many banks use work from home, or telecommuting, as a perk to attract and retain talent...

NLRB Issues New Decision Adopting 3 Part Test for Analyzing Bargaining Unit Scope Disputes
Dinsmore & Shohl LLP, September 2019

On Monday, Sept. 9, 2019, the National Labor Relations Board (NLRB) issued its decision in The Boeing Company and International Association of Machinists and Aerospace Workers, adopting a three part test for determining whether a bargaining unit is appropriate under the analysis set forth in PCC Structurals, Inc., 365 NLRB 160 (2017)...

Government Contractors and Employers of 100+ Employees Must File New EEOC Report by September 30, 2019
Verrill, September 2019

EEO-1 Component 2 Report Due by September 30, 2019 All employers that are required to submit an EEO-1 federal report—employers of 100 or more, or federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in federal government contracts—must now also file the newly required Component 2 data report regarding wages for 2017 and 2018. The report must be submitted by September 30, 2019...

Government Contractors & Employers of 100+ Employees Must File New EEOC Report by September 30, 2019
Verrill, September 2019

All employers that are required to submit an EEO-1 federal report — employers of 100 or more or federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in federal government contracts — must now also file the newly required Component 2 data report regarding wages for 2017 and 2018. The report must be submitted by September 30, 2019...

Court Upholds Plan Administrator's Interpretation in Recent ERISA Case
Hanson Bridgett LLP, September 2019

On August 16, 2019, the Ninth Circuit ruled in O'Rourke v. Northern California Electrical Workers Pension Plan, et al. that the board of trustees for an ERISA-covered multiemployer pension plan did not abuse its discretion by broadly interpreting the plan's ambiguous trade-based suspension of benefits provision to preclude a participant’s claim for early retirement benefits...

Top 5 Challenges with Employee Share Option Plan (ESOP) Implementation and How to Conquer Them
BoardRoom Limited, September 2019

Employee Share Option Plans or Employee Stock Ownership Plans (ESOP) are gaining popularity in today’s market. The driving force behind this is a competition for top talent and the need to incentivise and or boost productivity among our workforce, not to mention incentivise and reward staff for staying with your company long term...

Lump Sum Remuneration for Overtime based on a (General) Works Agreement
Heuking Kühn Lüer Wojtek, September 2019

In its decision of June 26, 2019 (ref. 5 AZR 452/18), the 5th Senate of the Federal Labor Court (BAG) dealt with the requirements and limitations of overtime lump sum remuneration clauses in works agreements. So far, the decision is only available as a press release. FACTS OF THE CASE The plaintiff is a union secretary at the ver.di trade union. The parties have agreed a weekly working time of 35 hours and "trust-based working hours"...

No Expiry of Unreduced Vacation Entitlements during Parental Leave
Heuking Kühn Lüer Wojtek, September 2019

BAG of March 19 2019 - 9 AZR 495/17 The employer may reduce the vacation entitlement of a worker on parental leave by one twelfth for each full calendar month. If he does not exercise his right to reduce or if he can not prove the declaration of reduction, vacation entitlement does not expire during parental leave in accordance with Sec. 7 para. 3 BUrlG [German federal vacation law] at the end of the vacation year or the transfer period (31 March of each year)...

The Works Council has no Entitlement to the Provision of Personnel Turnover Statistics
Heuking Kühn Lüer Wojtek, September 2019

LAG Schleswig-Holstein of February 26 2019 - 2 TaBV 14/18 The works council has no entitlement to the Provision or Inspection of Personnel Turnover Statistics or Appendices thereto, if the Employer only uses these for Statistical Purposes and for Internal Controlling. The personnel turnover statistics in this case are not an instrument for personnel planning...

 

 

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